WEBVTT JOHN DOWNEY AND BOBBY LONG ARE CHARGED WITH HER MURDER. JOSHUA SPARKMAN IS ALSO CHARGED WITH ASSAULT IN THE CASE. RICK: KENTUCKY'S CHIEF JUSTICE IS ORDERING A LOCAL D TOP PROSECUTOR INTO MEDIATION. THE TWO ARE LOCKED IN A LEGAL BATTLE THAT CASES IN THE JUDGE'S COURTROOM TO A STANDSTILL. WLKY'S MARK VANDERHOFF HAS BEEN FOLLOWING THE CONTROVERSY AND JOINS US LIVE. THIS OWL MARK HAS BEEN BASICALLY FOUGHT ON TWO FRONTS, CORRECT? -- THIS BATTLEFRONT HAS BASICALLY BEEN FOUGHT ON TWO FRONTS, CORRECT? MARK: YES. THERE ARE REALLY TWO ISSUES. ONE IS ABOUT WHETH JSTEVENS HAD THE RIGHT TO DISMISS AN ALL-WHITE JURY. ANOTHER IS ABOUT WHETHE NOW REMAIN IMPARTIAL IN CRIMINAL CASES. THIS ORDER TODAY REALLY HAD TO DO WITH THAT SECON THE COURT CAN BE FAIR AND IMPARTIAL, WILL BE, HAS AN OBLIGATION TO BE, HAS AN OATH TO BE, AND WILL DO SO IN THIS CASE AND ANY OTHER CASE. MARK: THAT'S CIRCUIT COURT JUDGE OLU STEVENS DECLINING TO RECUSE HIMSELF FROM A CRIMINAL CASE IN NOVEMBER. COMMONWEALTH'S ATTORNEY TOM WINE SUBSEQUENTLY ASKED KENTUCKY'S SUPREME COURT TO REMOVE STEVENS FROM ALL PENDING AND FUTURE CRIMINAL CASES. ON WEDNESDAY, CHIEF JUSTICE JOHN MINTON SIGNED AN ORDER REQUIRING STEVENS T IN MEDIATION. THE LEGAL BATTLE BETWEEN STEVENS AND WINE STARTED MORE THAN ONE YEAR AGO, WHEN STEVENS DISMISSED AN ALL-WHITE JURY. THE CONCERN IS THE PANEL IS NOT REPRESENTATIVE OF THE COMMUNITY, ALTHOUGH IT WAS RANDOMLY SELECTED. MARK: STEVENS DISMISSED THE JURY AFTER A WHITE DEFENSE ATTORNEY ARGUED HIS BLACK CLIENT D NOT RECEIVE A FAIR TRIAL. THAT PROMPTED WINE TO SEEK A LEGAL OPINION FROM TY SUPREME COURT ON WHETHER STEVENS HAD THE AUTHORITY TO DISMISS THE JURY. STEVENS TOOK TO FACEBOOK CRITICIZING WINE'S MOVE. THAT'S WHEN WINE ASKED THE SUPREME COURT TO REMOVE STEVENS FROM HIS CRIMINAL CASES. THERE ARE RULES OF CONDUCT THAT APPLY TO JUDGES, AND QUITE FRANKLY, APPLIED TO PROSECUTORS, THAT YOU CAN ONLY SAY CERTAIN THINGS. MARK: WINE DECLINED AN INTERVIEW REQUEST, BUT ISSUED A STATEMENT WEDNESDAY THAT READ, I APPRECIATE THE WOR JUSTICE IN REVIEWING THIS SERIOUS MATTER. I RESERVE FURTHER COMMENL AFTER THE MEDIATION HAS BEEN CONDUCTED AND THE CHIEF JUSTICE HAS HAD THE OPPORTUNITY TO REVIEW THE MEDIATION REPORT. RICK, JUDGE STEVENS WAS NOT IN HIS COURTROOM TODAY, BUT HE HAS SAID IN THE PAST HE CANNOT SPEAK WITH REPORTERS ABOUT THIS CONTROVERSY. AGAIN, THIS ORDER TODAY REALLY HAS TO DO WITH THE ISSUE ABOUT WHETHER OR NOT JUDGE STEVE E RECUSED. THE SUPREME COURT STILL IS NOT WEIGHED IN ON WHETHER OR NOT JUDGE STEVENS HAD THE AUTHORITY TO DISMISS AN ALL-WHITE JURY. LIVE AT THE JUDICIAL CENTER,